Mock Board Cjuris
Mock Board Cjuris
CJURIS
INSTRUCTION: Select the correct answer for each of the following questions. Mark only the answer
for each item by shading the box corresponding to the letter of your choice on the answer sheet
provided. ERASURES IS NOT ALLOWED.
3. This characteristic of criminal law states that, it cannot make an act punishable in a manner in
which it was not punishable when committed.
a. General b. Territorial c. Prospective d. Retrospective
4. The law of preferential application is an exemption of this characteristic of criminal law:
a. Generality c. Territoriality
b. Prospectivity d. Bill of Attainder
5. The crimes committed in the country are not triable in that country, unless their commission
affects the peace and security of the territory or the safety of the state is endangered. This rule
refers to:
a. French Rule b. Spanish Rule c. English Rule d. Philippine Rule
6. Which of the following statements is not correct?
a. Felonies are committed not only by means of deceit but also by means of fault.
b. Felonies are committed not only be means of deceit but also by means of malice.
c. There is deceit when the act is performed with deliberate intent.
d. There is fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.
7. The felonies generally defined and penalized under special laws. They are designed to secure a
more orderly regulation of the affairs of society.
a. Crimes mala inse c. Crimes internal
1
CLE Review Center
12. This stage in the commission of crime exist when the offender performs all the acts of execution
which would produce the felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.
a. Formal c. Material
b. Consummated d. Frustrated
13. Where the purpose of the offender in performing an act is not certain. There exists:
a. Formal Crimes c. Material Crimes
b. Consummated Crime d. Indeterminate Crime
14. If a crime could be committed with attempted and/or frustrated stage, the said crime is known
as:
a. Formal Crime c. Material Crime
b. Consummated Crime d. Frustrated Crime
15. This portion of the act constituting the crime starting from the point where the offender begins
the commission of the crime to that point where he has still control over his acts.
a. Objective Phase c. Dependent Phase
b. Subjective Phase d. Independent Phase
16. The felonies which the law attaches with penalties in which their maximum period are
correccional.
a. Grave Felonies c. Light Felonies
b. Less Grave Felonies d. Prision Correccional
17. The circumstances where the act of a person is said to be in accordance with the law so he is
deemed not to have transgressed the law and is free from both criminal and civil liability.
a. Justifying Circumstances c. Mitigating Circumstances
b. Exempting Circumstances d. Aggravating Circumstances
18. The circumstances which must be taken into consideration as aggravating or mitigating
according to the nature and effects of a crime and the other conditions affecting its commission.
a. Justifying circumstances c. Mitigating circumstances
b. Exempting circumstances d. Alternative circumstances
2
CLE Review Center
31. The suspension of the sentence of the convict after serving the minimum term of his sentence:
a. Pardon c. Amnesty
b. Commutation of sentence d. Parole
32. This exists when a single act results to two or more grave or less grave felonies.
3
CLE Review Center
35. This crime is committed by any person owing allegiance to the Government of the Philippine
Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals
or does not disclose and make known the same, as soon as possible to the governor or fiscal of the
province, or the mayor or fiscal of the city in which they resides.
a. Flight to enemy country
b. Treason
c. Misprision treason
d. Correspondence with hostile country
36. This rule states that no person shall be convicted of treason unless on the testimony of two
witnesses at least to the same overt act or on confession of the accused in open court.
a. Double jeopardy
b. Double cross rule
c. Treason witness rule
d. Two witness rule
37. This refers to an unlawful resistance to a superior officer, as the raising of commotion and
disturbances on board of a ship against the authority of a commander, committed on the high seas.
a. Piracy b. Mutiny c. Conspiracy d. None
38. This is committed by a private person or a public officer acting in a private capacity or does not
have the power to arrest or detain a person who, without legal ground, detains a person.
a. Illegal Detention c. Unlawful arrest
b. Arbitrary Detention d. Delaying in Release
39. This is committed by any public officer or employee who, without legal ground, arrests a person
to deliver him to proper judicial authority.
a. Illegal Detention c. Delaying in Release
b. Arbitrary Detention d. Unlawful arrest
4
CLE Review Center
40. If a person is arrested for the crime of rape, within how many hours shall he be delivered to
proper judicial authorities?
a. Within 12 hours from arrest c. Within 18 hours from arrest
b. Within 15 hours from arrest d. Within 36 hours from arrest
41. The crime of violation of parliamentary immunity is committed may be committed by arresting
or searching any member thereof while the Assembly (Congress) is in regular or special session,
except in case such member has committed a crime punishable under Revised Penal Code by a
penalty higher than:
a. Prision Mayor c. Prision Correccional
b. Reclusion Temporal d. Reclusion Perpetua
42. Police Officer 1 San Pedro was in full uniform when he was directing traffic; one of the drivers
was irritated when he was not allowed to enter an intersection. Thus, the driver punched Police
Officer 1 San Pedro; what was the crime committed by the driver?
a. Direct Bribery c. Indirect Bribery
b. Direct Assault d. Indirect Assault
43. A police officer asked some adults to help him apprehend a perpetrator but the latter refused;
saying that to apprehend offenders is not of their business. What was the crime committed by the
adults?
a. Disobedience to summons issued by the National Assembly
b. Resistance to agent of person in authority
c. Disobedience to agent of person in authority
d. Tumult
44. Police Officer Pedro and fellow officers were arresting a person who tried to evade arrest. It
went to the extent that the policeman applied fist blows to the person they arrested. What was the
crime committed by the arrested person?
a. Disobedience to summons issued by the National Assembly
b. Resistance to agent of person in authority
c. Disobedience to agent of person in authority
d. Tumult
45. This is committed by any person who shall perform an act that is against decency or good
customs by any highly scandalous conduct not expressly falling within any other article of the
Revised Penal Code.
a. Disobedience to summons issued by the National Assembly
b. Resistance to agent of person in authority
c. Disobedience to agent of person in authority
d. Grave scandal
46. This crime is committed by discharging any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger.
a. Charivari c. Tumult
b. Alarms and Scandal d. Illegal Discharge
47. This is committed by any person who shall remove from any jail or penal establishment any
person confined therein or shall help the escape of such person.
a. Delivery of prisoners from jail
5
CLE Review Center
55. Mr. Ottog Mutalab kissed and embraced Ms. Frespa Virginxia in a private place. What crime did
Mr. Ottog Mutalab commit?
a. Attempted Rape c. Rape
6
CLE Review Center
63. In abandoning a minor, for it to be said as crime, the minor must be:
a. Below 7 years of age c. Below 15 years of age
b. Below 12 years of age d. Below 18 years of age
7
CLE Review Center
64. This is theft committed by stealing coconuts from the premises of the plantation.
a. Robbery b. Theft c. Brigandage d. Qualified Theft
65. This is the law known as the Anti Carnapping Law:
a. R.A. 8353 b. P.D. 533 c. P.D. 1612 d. R.A. 6539
66. Ms. Petra took a television inside the house of Mr. Anjo using a closed door but unlocked door
knob. What crime did Ms. Petra commit?
a. Robbery b. Theft c. A and B d. None
67. This is a method provided by the Rules of Court not only for the apprehension and prosecution
of persons who commit crimes but also for the imposition of the proper penalty in case of their
conviction.
a. Criminal Jurisprudence c. Criminal Justice
b. Criminal Accusation d. Criminal Procedure
68. This system of criminal procedure indicates that the detection and prosecution of offenders are
not left to the initiative of the offended party but to the officials and agents of the law.
a. Accusatorial b. Inquisitorial c. Mixed d. None of the above
69. A person convicted of a crime by final judgment is known as:
a. Suspect b. Respondent c. Criminal d. Ex-convict
70. This is an order issued by the court directing a peace officer to arrest a person or persons stated
therein and deliver them before the court.
a. Warrant of Arrest c. Search Warrant
b. Either A or B d. Arrest
71. These are the requisites of a valid warrant of arrest, except:
a. It shall be issued upon probable cause
b. The probable cause is determined personally by the judge
c. It shall specifically state the things to be searched
d. None of the above
72. This is the life span of a search warrant?
a. 5 days from the date of issuance c. 15 days from the date of issuance
b. 10 days from the date of issuance d. 20 days from the date of issuance
73. A person lawfully arrested may be immediately pursued anywhere in the Philippines
immediately after committing a crime. This is known as:
a. Neutral Pursuit c. Hot Pursuit
b. In Flagrante Delicto d. None
74. The warrantless search that may be done if the person to be searched voluntarily waives his
right against unreasonable search and seizure.
a. Consented Search c. Search Incidental to Lawful Arrest
b. Search with Waiver d. Plainview Search
75. The other term for “Crime Scene” is:
8
CLE Review Center
83. The order of the prosecutor finding whether probable cause exists is known as:
a. Decision b. Judgment c. Resolution d. Opinion
84. A complaint or information is sufficient if it states the following, except:
a. The name of the accused
b. The designation of the offense given by the statute
c. The acts or omissions complained of as constituting the offense
d. The exact date of the commission of the offense
85. A sworn written statement charging a person with an offense refers to:
a. Complaint b. Information c. Indictment d. Affidavit
9
CLE Review Center
86. The place where the action must be instituted and tried refers to:
a. Venue b. Judgment c. Resolution d. Jurisdiction
87. The power and authority to hear and decide cases that may be brought to two or more courts
refers to:
a. Original Jurisdiction c. Concurrent Jurisdiction
b. Exclusive Jurisdiction d. Appellate Jurisdiction
88. The requirement in any initiatory pleading asserting under oath that the complainant did not
institute same cause against the same party in another tribunal is known as:
a. Certification against forum shopping c. Verification
b. Affidavit of undertaking d. Affirmation
89. The one made in open court by the judge or clerk of court furnishing the accused of a copy of the
complaint or information, reading the same in a language or dialect known to him, and asking him
whether he pleads guilty or not guilty.
a. Prosecution b. Arraignment c. Investigation d. Trial
90. Arraignment shall be held within how many days from the date the court acquires jurisdiction
over the person of the accused?
a. 10 days b. 20 days c. 30 days d. 40 days
91. The accused shall be arraigned within how many days from the date of the raffle?
a. 10 days b. 20 days c. 30 days d. 40 days
92. The court acquires jurisdiction over the person of the accused upon:
a. Arrest c. Invitation
b. Arraignment d. Issuance of warrant of arrest
93. This is a question that arises in a case, the resolution of which is a logical antecedent of the issue
involved in said case and the cognizance of which pertains to another tribunal.
a. Antecedent Question
b. Non – judicial Question
c. Judicial Question
d. Prejudicial Question
94. The first element of prejudicial question is the previously instituted civil action involves an
issue similar or intimately related to the issue raised in the subsequent criminal action. What is the
second element?
a. The resolution of such issue determines whether or not the criminal action may proceed.
b. The resolution of such issue does not determine whether or not the criminal action may
proceed.
c. The resolution of such issue determines whether or not the civil action may proceed.
d. The resolution of such issue determines whether or not the any action may proceed.
95. This is an informal trial that precedes the regular trial of the case primarily intended to expedite
the proceeding whenever the accused and his counsel agree whereby the court shall conduct pre –
trial conference, without impairing the rights of the accused:
a. Pre – trial c. Pre – trial Order
b. Pre – trial Agreement d. Trial
10
CLE Review Center
96. Under the order of trial, which of the following is the first to present its evidence?
a. Prosecution b. Defense c. Witnesses d. Judge
97. Which of the following presents rebuttal evidence?
a. Prosecution b. Defense c. Witnesses d. Judge
98. This is a written statement used in both civil and criminal actions that is submitted by a plaintiff
or a prosecutor at the request of the accused, giving the accused detailed information concerning
the claims or charges made against him or her.
a. Motion to Quash c. Demurrer to Evidence
b. Bill of Particulars d. None of the above
99. This is the dismissal of the action on the ground of insufficiency of evidence which is done only
after the prosecution rests its case:
a. Motion to Quash c. Demurrer to Evidence
b. Bill of particulars d. None of the above
100. After a plea of not guilty is entered, the accused shall have at least how many days to prepare
for trial.
a. 5 days b. 10 days c. 15 days d. 20 days
101. This is a rule which states that trial once commenced shall continue from day to day as far as
practicable until terminated. It may be postponed for a reasonable period of time for good cause.
a. Continuous Trial Rule
b. Trial Rule
c. Speedy Trial Rule
d. None of the above
102. The security given for the release of a person in custody of law refers to:
a. Bail b. Civil Liability c. Assurance d. Insurance
103. Bail may be in the form of any of the following, except:
a. Corporate Surety b. Recognizance c. Immunity d. Cash Deposit
104. The judge who issued the warrant or granted the application shall fix a reasonable amount of
bail considering primarily, but not limited to, the following factors, except:
a. Financial liability of the accused to give bail
b. Nature and circumstance of the offense
c. Penalty for the offense charged
d. Character and reputation of the accused
105. Before or after conviction by the Metropolitan Trial Court, Municipal Trail Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court:
a. Bail is a matter of right c. Bail is denied out rightly
b. Bail is a matter of discretion d. None of the above
106. This is known as the adjudication by the court regarding the merits of the case:
a. Resolution b. Judgment c. Opinion d. Conclusion
11
CLE Review Center
a. The Municipal Trial Court is with the same level with Metropolitan Trial Court
b. There are two Supreme courts in the Philippines
c. The Supreme Court is headed by the President
d. The Regional Trial Court is a third level court
108. This is the summation of evidence.
a. Proof b. Evidence c. Assumption d. Conclusion
109. The other term on the opinion of an expert witness is:
a. Proof b. Evidence c. Assumption d. Conclusion
110. The evidence that is addressed to the senses of the court is:
a. Factum Probans c. Factum Probandum
b. Real or Autoptic Evidence d. Circumstantial Evidence
111. The ultimate fact sought to be established:
a. Factum Probans c. Factum Probandum
b. Real or Autoptic Evidence d. Circumstantial Evidence
112. The evidence that consists of writings or any material containing letters, words, numbers,
figures, symbols, or other modes of written expression offered as proof of their contents:
a. Real or Autoptic Evidence c. Testimonial Evidence
b. Documentary Evidence d. Direct Evidence
113. The evidence that establishes the truth of a fact without the aid of any inference refers to:
a. Real or Autoptic b. Testimonial c. Documentary d. Direct
114. The evidence that has any value in reason as may tend to establish the probability or
improbability of a fact in question is known as:
a. Relevant b. Material c. Competent d. Prima facie
115. The evidence that admits no contradiction:
a. Prima facie b. Conclusive c. Primary d. Evidence Aliunde
116. It refers to an additional evidence of the same kind or character to that already given and
tending to prove the same proposition:
a. Rebuttal b. Corroborative c. Cumulative d. Conclusive
117. It refers to the greatest certainty to the truth respecting a fact in issue.
a. Prima facie b. Primary c. Conclusive d. Secondary
118. The testimony given by a person relative to a department of human activity in which he
possesses the skill and the knowledge not ordinary within the gift of ordinary men is what
evidence?
a. Expert b. Positive c. Extra – ordinary d. Negative
119. If a witness states that he does not know that a given event occurred or not, his testimony
refers to:
a. Expert Evidence c. Positive Evidence
b. Extra – ordinary Evidence d. Negative Evidence
12
CLE Review Center
120. This rule on evidence requires certain kind of evidence as proof necessary to establish certain
facts. This refers to:
a. Preferential b. Exclusionary c. Prophylactic d. Analytic
121. This rule on evidence requires certain amount of evidence as necessary to enable the court to
render judgment.
a. Quantitative b. Exclusionary c. Prophylactic d. Analytic
122. The evidence may be admissible as against one party but also as against another. The
statement refers to:
a. Multiple Admissibility c. Curative Admissibility
b. Conditional Admissibility d. Unconditional Admissibility
123. This rule on evidence states that when the subject of inquiry is the contents of a document, no
evidence shall be admissible other than the original document itself.
a. Best Evidence Rule c. Parol Evidence Rule
b. Hearsay Evidence Rule d. Opinion Rule
124. This rule on evidence states that the opinion of witness is not admissible. This is:
a. Best Evidence Rule c. Parol Evidence Rule
b. Hearsay Evidence Rule d. Opinion Rule
125. The rule on evidence which states that the rights of a party cannot be prejudiced by the act,
declaration, or omission of another and the proceedings against one cannot affect another refers to:
a. Best Evidence Rule c. Parol Evidence Rule
b. Res inter alios acta nocere non debit rule d. Opinion Rule
126. The failure of the written agreement to express the true intent and agreement of the parties
thereto is an exemption of:
a. Hearsay Evidence Rule c. Parol Evidence Rule
b. Res inter alios acta nocere non debit rule d. Opinion Rule
127. The following are requisites of Dying Declaration, except:
a. The declarant must be a competent witness
b. The declaration must relate to the circumstances surrounding his death
c. The declaration must be made freely and voluntarily under the consciousness of an
impending death
d. The death of the declarant is not the subject of inquiry
128. Which of the following relates to contractual writing?
a. Best Evidence Rule c. Parole Evidence Rule
b. Res inter alios acta nocere non debit rule d. Opinion Rule
129. The exemption of hearsay evidence rule which literally means “things done:”
a. Declaration about Pedigree c. Family Reputation
b. Res Gestae d. Common Reputation
130. The sum totality of the personal traits of a person that distinguishes him from the other
members of the community is known as:
a. Relation b. Pedigree c. Character d. Reference
13
CLE Review Center
134. The inference or assumption as to the existence of a fact unknown only by reason of its
relation to a fact that is known as:
a. Burden of Proof c. Presumption
b. Burden of Evidence d. Processual Presumption
135. An accused stated that he was sleeping when the crime was committed. Accused’s statement
refers to which of the following?
a. Disputable Presumption c. Conclusive Presumption
b. A and C d. Presumption
136. A person on board a lost vessel during a sea voyage, or an aircraft which is missing, who has
not been heard of for how many years since the loss of the vessel or aircraft shall be considered
dead for all purposes including the division of the estate among the heirs if that person went
missing for:
a. 4 years b. 5 years c. 7 years d. 10 years
137. The following are qualifications of witnesses, except:
a. He must possess organs of sense
b. He must have the ability to perceive
c. He must have the capacity to communicate what he has perceived
d. He is disqualified by law
14
CLE Review Center
139. The examination by the adverse party as to many matters stated in the direct examination, or
connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and
freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue
refers to:
a. Direct Examination c. Cross – examination
b. Re – direct Examination d. Re – cross Examination
140. The following are characteristics of an ancient document, except:
a. It is more than 30 years.
b. It is produced from the custody in which it would naturally be found if genuine.
c. It is unblemished by any alterations or circumstances of suspicion.
d. It is duly signed by witnesses.
141. The one referring to moral certainty is:
a. Proof beyond reasonable doubt c. Substantial evidence
b. Clear and convincing evidence d. Preponderance of evidence
142. The degree of proof which produces conviction in an unprejudiced mind refers to:
a. Proof beyond reasonable doubt c. Substantial evidence
b. Clear and convincing evidence d. Preponderance of evidence
143. This refers to the amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion.
a. Proof beyond reasonable doubt c. Substantial evidence
b. Clear and convincing evidence d. Preponderance of evidence
145. The act of charging an accused previously charged with an offense; the trial for which having
been terminated by acquittal or conviction with the same or identical offense.
a. Bill of Attainder c. Double Jeopardy
b. Ex Post Facto Law d. Arraignment
146. The reading of the judgment in the presence of the accused and any judge of the court in which
it is rendered.
a. Judgment c. Sentencing
b. Promulgation of Judgment d. Conviction
147. It refers to the adjudication by the court that the accused is guilty or not guilty of the offense
charged, and the imposition of the proper penalty and civil liability provided for by the law on the
accused.
a. Judgment c. Sentencing
b. Promulgation of Judgment d. Arraignment
148. X transported a killer named Y to the place where the victim is residing. Upon arrival, Y killed
his victim. Y cannot locate the victim without the participation of X. The participation of X in the
crime committed is:
a. Principal by Deed
b. Principal by Direct Participation
c. Principal by Indispensable Cooperation
d. Principal by Induction
15
CLE Review Center
149. The designation of the person undergoing preliminary investigation is known as:
a. Suspect b. Respondent c. Plaintiff d. Accuse
>>>Nothing Follows<<<
16